54. [ Transfer to Board, for purposes of improvement scheme, of building or land vested in the Corporation or in the Commissioners of a Municipality] [Section 54 substituted by Ben. Act 9 of 1923.]. - (1) Whenever any building, or any street, square or other land, or any part thereof, which -
(a)is situated in the Calcutta Municipality and is vested in the Corporation, or(b)is situated in any part of any Municipality constituted under the Bengal Municipal Act, [1932] [Figures substituted by Ben. Act 1 of 1939.], in which this section is for the time being in force, and is vested in the Commissioners of that Municipality,is within the area of any improvement scheme and is required for the purposes of such scheme, the Board shall give notice accordingly to the [Commissioner of the Corporation] [Words substituted by Ben. Act 1 of 1939 and W. B. Act 32 of 1955. respectively.] or the Chairman of such Municipality, as the case may be, and such building, street, square, other land or part, shall thereupon vest in the Board subject in the case of any building or any land, not being a street or square, to the payment of compensation, if any, to the Corporation or to such Commissioners, as the case may be, under sub-section (3) :[Provided that the Corporation or the Commissioners, as the case may be, shall be allowed reasonable opportunity to remove at their cost any under-group pipes, cables or other fixtures belonging to them if they so desire] [Proviso inserted by W. B. Act 32 of 1955.].(2)Where any land vests in the Board under the provisions of subsection (1) and the Board make a declaration to the Corporation that such land will be retained by the Board only until it reverts in the Corporation as part of the street or an open space, under a declaration made by the Corporation under sub-section (1) of section 65 or a resolution passed by the Board under sub-section (2) of section 65, as the case may be, no compensation shall be payable by the Board to the Corporation in respect of that land.(3)Where any land or building vests in the Board under sub-section (1) and no declaration is made by the Board that the land will be so retained, the Board shall pay to the Corporation, or to the Commissioners, as the case may be, as compensation for the loss resulting from the transfer of such land or building to the Board, a sum equal to the market value of the said land or building [as on the date of the publication of the notification under section 49] [Substituted by W. B. Act 32 of 1955.] and where any building, situated on land in respect of which a declaration has been made by the Board under subsection (2), is vested in the Board under sub-section (1), like compensation shall be payable in respect of such building by the Board.(4)If, in any case where the Board have made a declaration to the Corporation in respect of any land under sub-section (2), the Board retain or dispose of the land contrary to the terms of the declaration, so that the land does not revest in the Corporation as contemplated under such declaration, like compensation shall be payable by the Board to the Corporation in respect of such land for the loss resulting from the on-transfer of such land to the Corporation, such compensation not to be less than the market value which would have been payable for the said land under the provisions of sub-section (3).(5)If any question of dispute arises -(a)as to whether compensation is payable under sub-section (3) or sub-section (4), or(b)as to the sufficiency of the compensation paid or proposed to be paid under sub-section (3) or sub-section (4), or(c)as to whether any building or street, or square or other land, or any part thereof is required for the purposes of the scheme,the matter shall be referred to the [State Government] [Words substituted by the Adaptation of Laws Order, 1950.], whose decision shall be final.
